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David Brown has been working in and writing about the cannabis industry in Canada since 2012. He was formerly the Editor in Chief and Communications Director for Lift Cannabis and Lift News, a Senior Policy Advisor for Health Canada's cannabis legalization branch, and is the founder of StratCann Services Inc. While Manitoba and Quebec are the only provinces to ban homegrowing altogether, other provinces rule how you grow those four plants. It places limits, such as not allowing more than four plants, and allows provinces jurisdiction over how those plants are grown, and how many.
Law professors opined on whether a constitutional challenge would succeed. Quebec has the lowest prevalence of cannabis use in the country, according to figures from Statistics Canada. The national average is 16.1% and Nova Scotia leads the way with 24.4%, but use in Quebec stands at just 10.3%. It is a priority for CBC to create a website that is accessible to all Canadians including people with visual, hearing, motor and cognitive challenges.
Quebec Superior Court struck down parts of provincial law in September
British Columbians are required to keep plants out of view of the public. In New Brunswick and PEI, indoor plants have to be locked away, while outdoor plants must at least be behind a fence and out of public view. Newfoundland and Labrador don’t allow cannabis to be grown outside at all. So far both provincial laws stand, although two groups are actively challenging them.
An orange door sparks up the entryway, which is also repeated on the garage door at the end of the driveway leading up from the street. A community connecting cannabis consumers, patients, retailers, doctors, and brands since 2008. Patients must not be convicted of a marijuana-related offense, and be registered only once at a time.
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Lavoie’s own affidavits in response to Manitoba’s, filed today in Manitoba court, aim to address these concerns and rebut them, utilizing the input from their own team of experts. The government will then have a few weeks to respond again and this process can play out until possibly the end of this year before they see court. Earlier this year Guérin said he expected the Court of Appeal to side with his client, but he and his team were nonetheless prepared for any ruling and would be prepared to appeal if necessary.
Premade edibles and extract will not be available until the federal government authorizes such through legislation that they anticipate having in place on or before October 17, 2019, although consumers can create their own edibles as they wish. Daniel Chornopyski with Chornopyski Law in Manitoba, Levoie’s lawyer, says he won’t speculate on any larger jurisdictional goals but says he thinks the province is certainly motivated by an anti-cannabis attitude. In the meantime, he’s been trying to draw attention to his cause, with events around Winnipeg, including a recent one in August to commemorate the one-year anniversary of him filing his challenge. As folks get ready to harvest their plants at home, two provinces are still prohibited from cultivation. While his team is prepared to, he says he’s unsure the province would be willing to risk potentially losing in the Supreme Court and creating a precedent of this aspect of federal jurisdiction over Quebec’s own rules.
Ontario Micro Growers (OMG) is a four-person team in Ontario looking to help micros find a path to market in the province
As of July 1, 2020, 20.8% of the population was under the age of 20, 59.5% was aged 20 to 64, and 19.7% was 65 or over. The share of people aged 65 or over continues to increase, while that of 20–64 year-olds is declining. COVID-19 and the context surrounding the pandemic do not appear to have had a significant impact on the age structure of Québec’s population.
And only one person has been charged under Manitoba’s ban, said a spokesperson for that province. But the issue may never see the inside of a courtroom, perhaps to the disappointment of legal scholars. The home grow ban looked likely to be a new chapter in Quebec’s long history of constitutional head-butting with Ottawa.
However, Quebec chose in June 2018 to legislate against home cultivation. The Coalition Avenir Québec government still plans to amend the law to raise the legal age of consumption from 18 to 21. On Thursday, Lionel Carmant, the province's junior health minister, who oversees cannabis policy, said the government looks at the issue from a public health angle. Lavoie said the legislation was unconstitutional because such a ban amounts to criminal legislation, which is under federal jurisdiction.
Premier Francois Legault told reporters that the Quebec government “will go right to the limit in the courts to do what we think is good for Quebecers”. By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities).
In September 2021, Quebec’s Court of Appeal reversed a previous ruling from the Quebec Superior Court in 2019 that said the ban on Quebecers growing their own cannabis was a violation of federal law. This week, the Court of Appeal sided with the Quebec government on the province’s ban on homegrown cannabis. These regulations do not apply for approved and licensed home-grown medical marijuana, which is governed by national laws. Quebecers are free to grow cannabis at home, at least for now, after a Quebec Superior Court judge rule the provincial law prohibiting Quebecers from growing cannabis for personal use is unconstitutional.
The federal Cannabis Act, legalizing cannabis for recreational use, came into effect on 17 October 2018. Each province and territory set its own laws for various aspects, such as the legal age, whether householders can grow cannabis and the method of retail sales. Last month, a Quebec Superior Court judge struck down parts of Quebec's cannabis law that banned growing cannabis plants at home. This summer it decided to defy federal law by banning the sale of chocolate and candy laced with cannabis. Edible sales will be legal across the country from Oct. 17, 2019, and the first products are expected to hit shelves in December, but the Quebec government does not feel Health Canada’s regulations are suitably robust. The judge’s decision reverses the previous Superior Court ruling in 2019 that said the ban on Quebecers growing their own cannabis was a violation of federal law.
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